ALRB Sacramento Headquarters Office New Location
The Agricultural Labor Relations Board's Sacramento Headquarters Office moved to a new location effective May 1, 2013. The office is now located at 1325 J Street, Suite 1900, Sacramento CA 95814-2944, across from the Sacramento Convention Center and near the Sheraton Hotel. Telephone and fax numbers remain the same.
Board Issues Decision in Dole Berry North, Case No. 2013-RD-001-SAL
On November 22, 2013, the Board issued its decision in Dole Berry North (2013) 39 ALRB No. 18.
The Board issued a decision and order on election objections filed by the United Farm Workers of America (UFW) in Dole Berry North, 2013-RD-001-SAL. The decertification election at issue was held on October 25, 2013, and included all of Dole Berry North's agricultural employees in Monterey and Santa Cruz counties. The UFW filed six election objections alleging unlawful employer assistance, unlawful employer assistance by disparate treatment, a defective eligibility list, unlawful promise of benefit, misrepresentation, and forged signatures. The Board held the first two objections in abeyance because they alleged facts and conduct that mirror those alleged in unresolved unfair labor practice charges filed by the UFW. Pursuant to the Labor Code section 1149, which grants the General Counsel exclusive jurisdiction over the investigation and prosecution of unfair labor practice charges, and the Board's decisions in Mann Packing (1989) 15 ALRB No. 11 and Gallo Vineyards (2008) 34 ALRB No. 6, the Board decided to hold resolution of these objections in abeyance pending the resolution of the overlapping unfair labor practice charges by the General Counsel. The Board held the third objection in abeyance pending a tally of ballots, as it is not possible to determine whether a defective eligibility list has had an outcome determinative effect without knowing whether the number of defective addresses on the eligibility list exceed the number of votes necessary to change the outcome of the election. The Board dismissed the remaining three election objections for failure to state a prima facie case.
Board Issues Decision in Gerawan Farming, Inc., Case No. 2013-MMC-003
On November 19, 2013, the Board issued its decision in Gerawan Farming, Inc. (2013) 39 ALRB No. 17.
The United Farm Workers of America (“UFW”) filed a declaration on March 29, 2013 requesting Mandatory Mediation and Conciliation (“MMC”) with the employer, Gerawan Farming, Inc. (“Gerawan”), pursuant to Labor Code section 1164, subdivision (a)(1). On April 16, 2013, the Board issued Gerawan Farming, Inc. (2013) 39 ALRB No. 5, finding that all statutory prerequisites had been met and referring the parties to the MMC process. The parties were unable to voluntarily agree to all terms of a collective bargaining agreement. Accordingly, pursuant to the authority of Labor Code section 1164, subdivision (d), the mediator issued a report, dated September 28, 2013, fixing the terms of a collective bargaining agreement. On October 15, 2013, Gerawan filed a Petition and Brief in Support for Request for Review of the Mediator’s Report. In its petition, Gerawan contested the propriety of numerous provisions in the collective bargaining agreement fixed by the mediator. Gerawan also reiterated various arguments that the Board previously addressed and rejected in Gerawan Farming, Inc. (2013) 39 ALRB No. 5 and in Gerawan Farming, Inc. (2013) 39 ALRB No. 13. In Gerawan Farming, Inc. (2013) 39 ALRB No. 16, the Board granted review as to six provisions of the mediator’s report and remanded the matter to the mediator, in accordance with Labor Code section 1164.3, subdivision (c), to meet with the parties as necessary to address those provisions and issue a second report. In all other respects, the Board found that Gerawan failed to show that the mediator’s findings of material fact were clearly erroneous, or that the provisions fixed in his report were arbitrary or capricious in light of his findings of fact.
The parties subsequently met among themselves and with the mediator and were able to agree on all six of the provisions remanded by the Board. The mediator issued his second report, dated November 6, 2013, incorporating the agreed upon provisions.
No party filed a request for review of the mediator’s second report. Therefore, pursuant to Labor Code section 1164.3, subdivision (d), the Board ordered that the mediator’s second report take immediate effect as a final order of the Board. The Board incorporated by reference its earlier decisions that addressed various claims made by Gerawan. Those orders, together with this Order, constitute the final order of the Board subject to review pursuant to Labor Code section 1164.5.See Gerawan Farming, Inc. (2013) 39 ALRB No. 17.
ALJ Issues Decision in Tri-Fanucchi Farms, Inc., Case No. 2013-CE-008-VIS, et al.
On November 5, 2013, Administrative Law Judge (ALJ) Thomas Sobel, issued his decision in Tri-Fanucchi Farms, Inc., Case No. 2013-CE-008-VIS, et al.
After a long hiatus in bargaining, the United Farm Workers of America, AFL-CIO (Union) requested information from Respondent and requested to meet with Respondent. Respondent refused to provide any information to the Union and to recognize and to bargain with the Union on the grounds that it had abandoned the unit for 24 years. Upon the General Counsel’s filing a Motion in Limine, the ALJ ruled that the defense of abandonment is not available under the ALRA and that, in view of Respondent’s admissions in its Answer, the allegations in the Complaint must be taken as true.
Violations of sections 1153(e) and (a) were found and the respondent was ordered, among other things, to provide information to, and to recognize and meet and bargain with the Union as the collective bargaining representative of its employees. Makewhole was ordered on the grounds that the Board has long made it clear that abandonment is not a defense.
Office of Administrative Law Approves Regulations To Implement Senate Bill 126
On May 2, 2012, the Office of Administrative Law (OAL) approved the regulations adopted by the ALRB on April 18, 2012, implementing Senate Bill 126 and filed the approved regulations with the Secretary of State. OAL also granted the ALRB's request that the regulations go into effect immediately upon filing, therefore the regulations are now in effect. On April 18, 2012, the Agricultural Labor Relations Board (ALRB or Board) adopted regulations to implement Senate Bill 126. That bill made various changes to the Agricultural Labor Relations Act. The Board had previously held a public hearing on January 20, 2012 on the proposed regulations, hearing oral comments and accepting additional written submissions. At its scheduled February 1, 2012 public meeting the Board voted to adopt the regulations with what were considered nonsubstantive changes in response to the public comment received. While the proposed regulations were pending review by the OAL, it came to the Board’s attention that some of the changes arguably could be termed “substantive” and thus may have required a 15-comment period. Accordingly, in order to ensure complete compliance with the letter of the rulemaking requirements of the Administrative Procedure Act (Gov. Code § 11340, et seq.), on March 21, 2012 the Board withdrew the rulemaking file from OAL and rescinded its February 1, 2012 adoption of the proposed regulations. The Board then issued a 15-Day Notice providing the public the opportunity to submit comment on the changes made. No comments were received.
Subsequent Histories Table
The Subsequent Histories Table has been updated to include Board decisions through Volume 38 (2012). The updated pages are page 40 and 41.
See Subsequent Histories Table for updated page.
2010 and 2011 Case Digest Supplements
The supplements to the ALRB Case Digest for Volume 36 (2010) and Volume 37 (2011) can be used in conjunction with the digest issued in January of 1994 and the earlier supplements previously issued.
Case Digest Merged
The Case Digest and its supplements through 2011 have been merged into one document.
See ALRB Case Digest.